A few days ago, broadband users went ballistic when they discovered language in Qwest’s Acceptable Use Policy and High-Speed Internet Subscriber Agreement that appeared to:

  1. bar usage of servers, even though the accounts had been clearly set up for use by servers, and;
  2. charge account holders “U.S. dollars ($5.00) for each piece of Spam transmitted from or otherwise connected with your account.”

To many, Qwest’s lawyers had cast a net wide enough to put virtually any customer, commercial or residential, in a precarious position should any disputes should arise. Indeed, the “otherwise connected with your account” language left users incredulous. After all, isn’t spam you receive “otherwise connected to your account?”

While Qwest defenders cried that “other kids do it, too,” Email Battles pointed to a couple of fierce Qwest competitors, AT&T and Mediacom, who clearly do not serve up such odiferous porridge.

Outraged subscribers quickly offered to relieve the company of its burden by taking their business elsewhere.

Panicky Qwest execs responded, apparently bringing the legal hounds to heel. As a result, Qwest’s Acceptable Use Policy no longer mentions a $5.00 per message charge at all. Correction: As of this writing, Qwest has not dropped the blue sky $5.00/message spam liability. But Qwest has changed the server limitations.

Qwest’s revised High-Speed Internet Subscriber Agreement has become considerably more palatable.

Before: “Service may only be used in the U.S. and you may not use Service to host any type of server, personal or commercial.”

After: “Service may be used to host a server, personal or commercial, as long as such server is used pursuant to the terms and conditions of this Agreement applicable to Service and not for any malicious purposes.”

In the old days, small-minded people in Big Business could get away with this idiocy. Today they can’t. Score another win for the web… and Interesting People… and Broadband Reports… and Techdirt… and…

Email Battles Backgrounder: